beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On September 2019, the Defendant received a proposal from an employee of the telephone financial fraud assistance staff of the Chinese Dogsung (one name:B) in a place in which the Chinese Dog-si Si is located, to pay 2% or 4% of the withdrawn money to the designated account when he withdraws money from the phone financial fraud assistance staff to the Republic of Korea, and then withdraws money from the account connected to the Dog-si, and deposits into the Dog-si’s designated account.”
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means are to be used for a crime or to be used for a crime;
Nevertheless, on October 17, 2019, the Defendant received the order of the above person in distress, and around 08:30 on October 17, 2019, the Defendant collected and kept a e-mail card (credit card number: E) and a e-mail card (H) linked to D’s corporate bank account in Gangseo-si, Gangnam-si, and kept the e-mail card total of 14 times from around that time to October 24, 2019, as indicated in attached Table 1.
Accordingly, the defendant had the means of access known to be used in collusion with the person who was not injured in name.
2. No person who violates any Act on Real Name Financial Transactions and Guarantee of Secrecy shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of law;
Nevertheless, on October 17, 2019, the Defendant: (a) received the order from the above person who was unable to receive the name, and withdrawn cash with the physical card collected from the International Association located in Gangseo-gu, Gangwon-gu, Seoul, and then, (b) forwarded KRW 1 million to the K Union account (Account Number (M) in the name of the JJ; and (c) from that time, from that time to October 23, 2019 as shown in Table 2 of the List of Crimes.